No obstruction to vision (except street signs, utility poles or traffic
signs, approved by the Borough, or existing buildings, posts, columns,
or trees) shall be erected, placed, planted or allowed to grow in
a manner that would impede vision between a height of 30 inches and
eight feet above the grades of the intersecting streets. The clear
sight triangle shall be maintained as open space with no visual obstructions.
The clear sight triangle shall be drawn as measured along the center
line from the point of intersection (see Figure 1). Distance from
the street intersection shall be determined as follows:

All roads under the Borough's jurisdiction shall follow the
above distances. Those roads governed by the Pennsylvania Department
of Transportation (PennDOT) shall follow PennDOT's regulations
for sight measurements. Should there be a conflict, PennDOT regulations
shall prevail.

No obstruction to vision at intersections (other than an existing building, post, columns, or tree) shall be permitted within the clear sight triangle. See § 29-500 of this Chapter for more information.

Where a lot extends from a street to an alley, the widest street
shall be deemed the street upon which the property fronts, and no
principal structure and no dwelling shall be erected in the rear of
the lot.

Nonconforming Lots of Record. A nonconforming lot may be used for
a permitted use in the district in which it is located even though
such lot fails to meet the requirements for lot area or dimensions,
or both. However, all other applicable requirements, including yards,
shall apply. The variance of yard requirements shall be obtained only
through action of the Zoning Hearing Board. In the event that two
adjacent lots of record are held in single ownership, the lots shall
be combined to be reapportioned into a conforming lot or lots.

Any alteration, conversion, improvement, or enlargement of a nonconforming
structure shall conform to the applicable requirements of this Chapter,
excepting that a structure nonconforming as to yard or height requirements
may be extended where the extension does not project further into
the yard or does not extend further in height than the existing structure,
nor can this addition extend beyond any existing exterior walls. The
purpose of this exception is to provide for the squaring off of corners
of existing, nonconforming structures.

Any alteration, conversion, improvement, or enlargement of a nonconforming
accessory structure shall conform to the applicable requirements of
this Chapter, excepting that a structure nonconforming as to the rear
yard may be extended where the extension does not project further
into the rear yard than the existing accessory structure, nor can
this addition exceed the maximum building or impervious structure
coverage allowed by this Chapter.

Should a nonconforming principal structure or building be destroyed
by any means, it shall not be reconstructed in a manner that increases
its nonconformity. A nonconforming accessory structure destroyed by
any means shall only be reconstructed in full compliance with this
Chapter.

In the case of any mobile home or house trailer existing as a nonconforming
structure at the effective date of this Chapter, such a mobile home
may be upgraded through replacement by a newer, larger, safer, or
more energy-efficient mobile home if:

A new extension may be constructed to a structure housing a nonconforming
use, provided that the gross floor area of the extension shall not
exceed 50% of the gross floor area of the existing structure and that
other applicable requirements of this Chapter shall be adhered to.

Any nonconforming use may be changed to another nonconforming use
by a special exception, provided that the Zoning Hearing Board shall
find the proposed use to be equally appropriate or more appropriate
to the zoning district in which it is located.

The removal or destruction of a structure housing a nonconforming
use shall eliminate the nonconforming use status of the premises unless
reconstruction shall have been initiated within one year of the removal
or destruction. Destruction, for the purpose of this subsection, is
defined as damage to an extent of more than 90% of the replacement
cost at the time of destruction.

Registration of Nonconforming Uses and Structures. To facilitate
the administration of this Chapter, it shall be the duty of the Zoning
Administrator to prepare and maintain an accurate listing of uses
and structures in all districts not permitted by right in that district,
and for which no special exception or variance has been issued, and
which does not otherwise comply with all sections of this Chapter.
Such listing shall be a matter of public record and shall constitute
sufficient notice of the nonconforming status of the said use and
the limitations there expressed and implied to any transferee acquiring
any right to use or own such property.

Projecting architectural features - bay windows, cornices, eaves,
fireplaces, chimneys, windowsills, or other architectural features,
provided they do not extend more than three feet into any required
yards nor closer than five feet to any adjacent property line.

Accessory structures such as swingsets, play gyms, playhouses, doghouses,
and dog runs shall comply with the above standards and shall be exempt
from the zoning permit requirement, provided that they do not exceed
12 feet in height and do not occupy more than 100 square feet of area
in RU Districts and 144 square feet in RS Districts.

Pools, including temporary or inflatable pools, shall be enclosed
within a fenced area to prevent uncontrolled access by children. Fences
around a swimming pool shall be a minimum of four feet in height and
a maximum of eight feet in height.

No additional fence or wall shall be required where a minimum
of four feet of the walls around the entire perimeter of the pool
is located above the ground, provided that steps, ladders and other
means of access to the pool are removed or secured to a minimum of
four feet above ground level when the pool is not in use.

Exceptions for Accessory or Appurtenant Structures. Required setback
areas shall be maintained with no portion of such area utilized for
buildings or structures. The following structures and uses shall be
the only exceptions to this:

It shall consist of a minimum of 75% evergreens that may be intermixed
with ornamental shrubs or deciduous trees spaced at intervals that
shall be capable of forming a continuous hedge with no visual breaks
within a five-year period. No invasive plant species may be used.

It shall be a minimum of three feet in height when planted and capable
of obtaining a mature height of 15 feet or more. A berm not exceeding
five feet in height may be used in obtaining the mature height of
15 feet.

The maximum permissible height for fences in any residential zoning
district shall be six feet, and no more than four feet high in any
front yard. The maximum permissible height in any other zoning district
shall be 12 feet.

The Borough shall have the right to require maintenance on, or removal
of, any fence found to be in a state of disrepair. Necessary repairs,
or removal, shall be completed within 90 days of receipt of written
notice from the Borough to the property owner.

Unenclosed uses shall be limited to off-street parking and loading
areas, storage yards, service stations, and retail sales areas. All
other manufacturing activities shall be enclosed within a building.

Uses designated as land developments shall require the preparation
of a land development plan for approval of the Borough Planning Commission
in accordance with the provisions of the Borough Subdivision and Land
Development Ordinance.[1]

Size and Access. Each parking space shall be a minimum of nine feet
by 18 feet in size, excluding drive-through aisles and entry and exit
drives. Entry and exit areas shall be well defined. When determining
the eighteen-foot length, 1 1/2 feet may take into account the
overhang area beyond the end of the parking space, as long as such
an area does exist. If this area inclusion is requested by an applicant,
approval of this calculation must be obtained from the Borough Engineer.
There shall be no direct access to the spaces from streets or alleys
except:

Direct access to off-street parking shall be permitted if there
are fewer than five spaces allowed. "Direct access" is defined as
a parking space that is located within 20 feet of a street or alley
and has no barrier or design to obstruct traffic.

Every required parking space shall be designed so that each
motor vehicle may proceed to and from the parking space provided for
it without requiring the moving of any other vehicle, except for spaces
serving a single-family dwelling.

Required Number of Spaces. The number of parking spaces required
for all uses and in all districts except the DD (property owners in
the DD shall provide the required number of spaces in accord with
the DD use regulations of Part 4) shall be as follows:

Spaces shall be located upon the same lot as the parking generator,
except that off-site spaces may be utilized if a satisfactory shared
parking or lease agreement is provided with the zoning permit application.

For single-family detached residential dwellings, all required
off-street parking shall be located in the side or rear yard only.
In all residential zoning districts, all required off-street parking
shall be located in the rear yard only.

Any building erected or use initiated, which is to be occupied
for manufacturing, institutional, or commercial uses, or for the distribution
of materials by vehicle, and which has a gross floor area of 5,000
square feet or greater shall provide off-street loading berths as
follows:

Loading spaces shall not correspond with minimum required off-street
parking areas. They may be located in any yard, except one adjacent
to a residential district, and they may not be located in an alley
or highway right-of-way.

Areas shall be fenced or screened in accordance with this Chapter
if adjacent to a residential district and if greater than five parking
spaces in size. Fencing shall be well maintained and made of solid
material or ornamental plants a minimum of four feet in size.

In any district, any lawful, gainful, service-oriented occupation
or profession conducted by a member of the immediate family owning
and residing on the premises may use parts of a dwelling for a home
occupation, provided that the following conditions are met and a permit
is issued by the Zoning Administrator:

Such occupations shall be clearly incidental or secondary to the use of the property as a residence, and the use of the dwelling shall not change the character thereof or show any exterior evidence of such secondary use other than one sign. (See § 29-516.)

The home occupation shall be conducted wholly within the dwelling
or an accessory building and shall not occupy more than 25% of the
area of the first floor of the dwelling nor more than 500 square feet;
provided, however, that a bed-and-breakfast shall be limited only
to the dwelling.

Such uses shall not abut existing residential development, a
residential street or any residential district, and the operation
thereof shall be governed by the following provisions and any other
conditions as may be required by the Zoning Hearing Board to protect
the public health, safety, comfort, convenience, and general welfare
and especially with regard to abutting properties and the occupants
thereof:

Inflammable and Explosive Liquids. No highly inflammable or explosive
liquids, solids or gases shall be stored in bulk above ground. Tanks
or drums of fuel directly connecting with heating devices or appliances
located on the same premises as the tanks or drums of fuel are excluded
from this provision.

Fencing and Setbacks. All outdoor storage facilities shall be enclosed
by a fence or wall adequate to conceal such facilities and the contents
thereof from adjacent property. Such fencing or wall shall meet the
following minimum setbacks:

All materials or wastes which might cause fumes or dust which constitutes
a fire hazard or which may be edible by or otherwise be attractive
to rodents or insects shall be stored outdoors only in closed containers.

It has long been recognized that sign controls are required
to promote traffic safety and avoid traffic accidents. Signs can distract
motorists by impairing visibility. Traffic safety is improved by restricting
the size, height, and location of signs. If not regulated, signs can
confuse motorists by mimicking traffic safety signals and signs.

In addition, unregulated signage may negatively affect the character
of communities and the value of buildings. Blighted signs and antiquated
signs and sign structures can contribute to an overall image of blight
with a reduction in property values in declining areas if not addressed
and removed through regulation. Unregulated signs can reduce the effectiveness
of signs that may be needed to direct the public because they compete
with public purpose signs and reduce their visibility and effectiveness.
In special areas, such as the Downtown District, unregulated signage
may neutralize public plans and efforts to improve the streetscapes.

Sign regulation serves the interests of the business community.
Unregulated competition among businesses where individual business
signs are not adequately visible results in too many signs as well
as a point of diminishing returns. Regulating signs helps to maintain
the scenic heritage and unique character of our community.

The purpose of this section is to serve substantial government
interests by correcting and avoiding multiple problems that would
occur without sign regulations. To that end, it is in the community's
interest:

When identifying letters, symbols, designs, or characters are
attached to a building, wall, window or signboard, but without an
identifiable border or background, the square footage of such signs
shall be computed based upon the smallest rectangle or other geometric
shape that encompasses all of the letters, symbols, designs or characters.

No lot shall have a sign(s) that has an area that exceeds the
requirements of the district in which it is located. Where maximum
gross area is determined by building frontage, 1.5 square feet of
sign area for each linear foot of building frontage, except in the
General Commercial (GC) District, shall be permitted. In the General
Commercial (GC) District, two square feet of signage for each linear
foot of building shall be allowed. See Table 516.1 in this Chapter
for gross maximum sign area for each type of permitted sign.

Regulatory highway signs, warning signs, and informational signs
that are erected along public streets and in the public right-of-way
shall meet the regulations and approval of the appropriate governing
agency. See "SIGN, PUBLIC INFORMATION."[1]

When any sign becomes insecure, in danger of falling or is otherwise
unsafe, or if any sign shall be unlawfully erected or installed, the
Zoning Administrator shall order the removal of the sign through written
notice. The Zoning Administrator shall have the power to remove the
sign if the order is not complied with within 10 days of issuance
or immediately in the case of immediate danger to the public. The
cost of the removal shall be borne by the owner of the sign. Should
the owner of the sign fail to remove the sign when so directed or
to pay for its removal when removed by the Zoning Administrator, then
the owner of the property where the sign is or was situated shall
be responsible for all costs of removal.

Sign Illumination. Signs may be lighted with nonglaring lights or
may be illuminated by shielded floodlights. No sign shall be of an
intermittent or flashing type or be erected where its location, brilliance,
shape or color may interfere, obstruct, or be confused with the view
of any authorized signal or traffic marking. All electrically illuminated
signs shall conform to the requirements of the Borough Building Code
and Borough Electrical Code. Internally illuminated signs are prohibited,
except as specifically provided.

Freestanding Signs. There shall be only one freestanding sign
per lot, with the exception of directional signs intended to guide
or direct pedestrian or vehicular traffic. Freestanding signs shall
have no more than two faces. Directional signs shall not exceed two
square feet in sign area. Directional signage area shall be included
in the total allowable gross signage area for a lot.

Shopping, Office or Commercial Center Signs. Occupants of a
shopping, office or commercial center, mall or complex are permitted
one on-premises identification sign in addition to the common sign
identifying the occupants of such center or complex. The common sign
identifying the occupants of such center or complex is the shopping,
office, or commercial center sign.

Sandwich/Tent Signs. One sign is allowed per property. The square footage of the sign shall not be included in the maximum signage amount for the building, unless said sign is off-premises. The sign owner shall allow at least 48 inches of sidewalk clearance for pedestrians and/or wheelchairs. Signs shall not be located within any clear sight triangle. Signs shall be taken inside the business at the end of every day. (Also see § 29-500.)

Real and Personal Property. No permit shall be required for
a directional sign advertising the sale of real or personal property
at the premises upon which it is placed or directing potential buyers
to said premises. No more than one such sign shall be allowed regardless
of its location. The sign shall not exceed six square feet in area.

Entrance/Exit. Directional signs designed to guide or direct
vehicular and/or pedestrian traffic are permitted without restriction
as to number, provided these signs contain no advertising copy and
do not exceed two square feet in area. The top of the sign shall be
no greater than three feet in height above the grade of the public
street abutting or adjacent to the sign.

Words painted on the roadway: STOP, SLOW, SCHOOL, etc., as well
as painted arrows provided and maintained to control parking and internal
circulation in parking areas shall be exempt from this Chapter.

Electronic message board signs are allowed in the General Commercial
and Commercial Manufacturing Districts with a zoning permit. Such
signs will count toward the overall amount of signage permitted on
a property.

Signs advertising subdivisions or planned residential developments
(as defined in this Chapter) shall be allowed, provided there shall
be no more than one such sign per street frontage. Such signs shall
be removed when 75% of the lots or units in the said subdivision or
PRD have been sold or leased. The maximum area for such signs shall
be 20 square feet. Provision for the maintenance of such signs, acceptable
to the Borough Council, shall be required. All such signs shall require
permits.

Temporary over-the-street banners announcing a campaign, drive
or event of a civic, philanthropic, educational or religious organization
shall be allowed, provided that the Borough is held harmless from
any and all liability which may arise from any damage or injury caused
by such banner. A certificate of liability insurance shall be provided
to the Borough a minimum of 30 days prior to the proposed placement
of such sign and before a permit is issued. Where applicable, written
documentation of PennDOT approval for said over-the-street banners
shall be required.

One temporary sign shall be allowed in the Downtown District,
General Commercial District, and Commercial Manufacturing District
for a period of no more than 30 days within any six-month period.
Such signs shall not exceed six square feet in area.

Temporary signs announcing a campaign, drive or event of a civic,
philanthropic, educational or religious organization are allowed without
permits being required, provided such signs shall not exceed 32 square
feet in area and shall not be erected more than 14 days prior to the
start of said campaign, drive or event and shall be removed immediately
upon the completion of said campaign, drive or event.

Temporary signs in residential districts intended to advertise
yard, garage, or neighborhood sales shall be allowed for a period
of no more than three days in any month, without permits being required.
Such signs shall not exceed four square feet in area.

Temporary signs for contractors, developers, architects, engineers,
builders, artisans and lenders, erected and maintained on the premises
where the work is being performed, shall be allowed without a permit,
provided that the area of such sign shall not exceed six square feet
and provided that such sign shall be removed upon the completion of
said work. There shall be no more than one such sign per contractor
allowed on the premises where the work is being performed at any given
time.

Signs offering the sale or rental of the premises upon which
the sign is erected shall be allowed, provided that the area of the
sign shall not exceed six square feet and not more than one such sign
may be erected on the premises to be sold or rented, unless such premises
fronts on more than one street, in which case one sign may be erected
on each street frontage. No "For Sale" or "For Rent" signs shall be
located off-premises. No "For Sale" or "For Rent" signs shall be allowed
to remain after the sale or rental of such premises.

Signs indicating no trespassing or private use of a road, driveway
or premises and signs controlling fishing or hunting on the said premises
shall be allowed without a permit, provided the area of each such
sign shall not exceed two square feet.

Political signs advertising and only advertising political candidates
for political office or ballot questions shall be allowed without
permit for a period of 30 calendar days immediately preceding the
date of the election that the sign is promoting. All such signs shall
be removed within five calendar days immediately following the said
election. Political signs shall be prohibited at all other times.
A maximum of two signs per candidate per property is permitted.

The maximum sign area for any freestanding sign shall be 16
square feet, except in cases where there are three or more distinct
and separate uses on the same lot, in which case the maximum sign
area shall not exceed 24 square feet.

Off-premises signs are prohibited, except in the General Commercial
District, Downtown District, and Commercial Manufacturing District.
The area of such sign shall be included in the calculation of the
maximum gross area for signage for the property on which the off-premises
sign is located.

Maximum sign area for any freestanding sign in this district
not having frontage on Route 45 shall be 30 square feet for each face,
except where there are three or more distinct and separate uses on
the same lot. In this case, the maximum sign area shall not exceed
50 square feet for each face. The signs shall have no more than two
faces.

In the case of a group of business uses, other than a shopping,
office or commercial center, one freestanding sign shall be permitted
that may include individual panels identifying the specific establishments
at that location.

Substitution Clause. The owner of any sign which is otherwise allowed
by this Chapter may substitute noncommercial speech in lieu of any
other commercial speech or noncommercial speech. The substitution
of copy may be made without any additional approval or permitting.
The purpose of this provision is to prevent any inadvertent favoring
of commercial speech over noncommercial speech, or favoring of any
particular noncommercial speech over any other noncommercial speech.
This provision prevails over any more-specific provision to the contrary.

Nonconforming Signs. Any sign legally existing at the time of passage
of this Chapter that does not conform to the standards contained in
this Chapter shall be considered a nonconforming use and may continue
until such time as the sign may be replaced, relocated or the structure
or size of the sign is altered in any way.

Removal of Signs. All signs and/or sign messages shall be removed
by the owner or lessee from the premises upon which any on-premises
sign is located when the use it advertises is no longer conducted.
The removal shall be completed within 30 days of the vacation of the
premises. The cost of removal shall be borne by the owner of the sign.
Should the owner of the sign fail to remove the sign when so directed
or to pay for its removal when removed by the Zoning Administrator,
the owner of the property where the sign is or was situated shall
be responsible for all costs of removal.

The height limitations of this Chapter shall not apply to barns,
silos, church spires, belfries, cupolas, and domes, monuments, water
towers, chimneys, smokestacks, flagpoles, radio and television towers,
masts, aerials, or to parapet walls extending not more than four feet
above the maximum building height.

All outdoor lighting, whether or not required by this Chapter, shall
have intensities and uniformity ratios in accordance with the current
recommended practices of the Illuminating Engineering Society of North
America (IESNA) as contained in the IESNA Lighting Handbook, as amended.

The lighting from any luminare shall be shaded, shielded, or directed
to prevent direct light from being distributed beyond an angle of
35° from a vertical plane onto adjacent properties and/or surrounding
areas. Unshielded lighting is not permitted, except for temporary
holiday lighting.

All lighting shall be aimed, located, designed, fitted and maintained
so as not to present a hazard to drivers or pedestrians by impairing
their ability to safely traverse (disabling glare) and so as not to
create a nuisance by projecting or reflecting objectionable light
onto a neighboring use or property (nuisance glare).

Pole-mounted lamps shall be placed directly above the area to be
illuminated and shielded at the top and sides; or positioned near
the perimeter of a property and aimed toward the area requiring illumination,
subject to applicable yard setback provisions.

Vegetation screens shall not be employed to serve as the primary
means for controlling glare. Rather, glare control shall be achieved
primarily through the use of such means as cutoff fixtures, shields
and baffles, and appropriate application of mounting height, wattage,
aiming angle, fixture placement, etc.

Nonconforming Lighting. Any lighting fixture existing on the effective
date of this Chapter which does not conform with the requirements
of this Chapter shall be considered a lawful, nonconforming lighting
fixture. A nonconforming lighting fixture shall be made to comply
with the requirements of this Chapter when such fixture is replaced,
relocated or repaired.

When a property owner is notified by the Zoning Officer that a violation
of these provisions exists, the glare or illumination problem shall
be abated within 15 days of receipt of the violation notice.

A cluster subdivision is an optional form of residential development
which allows the developer more choices of housing types and enables
him to develop lots smaller than otherwise specified in this Chapter,
provided the land saved is reserved for permanent common use, usually
in the form of open space.

A cluster subdivision development shall be designed in accord with the regulations contained in this section, except that the maximum gross density of five dwelling units per acre for the residential district shall not be exceeded. (See Part 4.)

All proposed cluster subdivision development projects must be approved
by submission of appropriate preliminary and final plans to the Borough
in compliance with the Borough Subdivision and Land Development Ordinance[1] and shall be acted on within the time limits set forth
in Article V of Act 170, the Pennsylvania Municipalities Planning
Code.[2] The approval by the Borough of a residential cluster development
use for a tract of land shall in no way automatically guarantee preliminary
or final plan approval without satisfactory compliance with all other
applicable codes and regulations of the Borough, state, or federal
government.

Application for Residential Cluster Development. Any developer who
desires to initiate a cluster subdivision shall submit an application
to the Borough through the Zoning Administrator in accord with special
exception procedures. The application shall be accompanied by:

The nature and extent of the common open space in the project,
the proposals for maintenance and conservation of the common open
space, and the adequacy of the amount and function of the open space
in terms of the densities and dwelling types proposed in the plan.

The proposed cluster subdivision shall be in harmony with the general
purpose, goals, objectives and standards of the Comprehensive Plan,
this Chapter and the subdivision and land development regulations
of the Borough.

The proposed cluster subdivision shall not have substantial or undue
adverse effects, as compared to a standard development permitted by
this Chapter, upon adjacent property, the character of the neighborhood,
traffic conditions, parking, utility facilities and other matters
affecting the public health, safety and general welfare.

The proposed cluster subdivision shall be served adequately by essential
public facilities and services such as highways, streets, parking
spaces, police and fire protection, drainage structures, refuse disposal,
water and sewer, and schools.

Gross acreage of parcel, minus the acreage in one-hundred-year-floodplain,
minus acreage in slopes over 15%, and minus wetlands areas, times
maximum density of underlying zoning district, equals total number
of dwelling units permitted.

Types of Dwelling Units. Single-family dwellings, double dwellings,
townhouses, and multiple-family dwellings may be permitted in a cluster
subdivision pursuant to the requirements of this Chapter. All units
proposed shall be condominium or for sale only.

Permitted Lot Area Reductions. For cluster developments, single-family dwellings may be reduced up to 50% for the minimum established in § 29-402, Subsection 3D. Townhouse and multiple-family dwelling lot size may be reduced to the area of the building unit. Double dwellings may be reduced up to 20% from the minimum established in § 29-402, Subsection 3D.

Garages and Accessory Buildings. Single-family detached units may have detached accessory buildings or garages, provided that a ten-foot separation is maintained from the principal structure and that the minimum front yard of § 29-519, Subsection 4E(1) is maintained.

Common open space may only be dedicated to public use as approved
by the Borough Council upon favorable recommendation by the Planning
Commission. The Borough reserves the right to deny dedication of open
space.

Private Ownership. When common open space is not dedicated and accepted
to public use, it shall be protected by legal arrangements, satisfactory
to the Borough, sufficient to assure its maintenance and preservation
for whatever purpose it is intended. Covenants or other legal arrangements
shall:

Obligate purchasers to participate in a homeowners' association
and to support maintenance of the open areas by paying to the association
assessments sufficient for such maintenance and subjecting their properties
to a lien for enforcement of payment of the respective assessments.

Provide for an agreement that, if the Borough is required to
perform any maintenance work pursuant to the item above, such purchasers
would pay the cost thereof and that the same shall be a lien upon
their properties until such cost has been paid; and provide that the
developer shall be responsible for the formation of the homeowners'
association of which the developer, or if the developer is not the
owner of the development, then such owner, shall be a member until
all of the lots of record are sold. Other equivalent provisions to
assure adequate perpetual maintenance may be permitted if approved
by the Borough. Assurance that such covenants or equivalent provisions
will be included in the deeds or other instruments of conveyance shall
be evidenced by the recordation in the office of the Recorder of Deeds,
or a perpetual maintenance of facilities as prescribed hereinabove
and identifying the tract and each lot therein. The declaration shall
be included in the deed or other instrument of conveyance of each
lot of record and shall be made binding on all purchasers, provided
that such declaration may, as to subsequent conveyances other than
the initial conveyance of each lot of record, be incorporated by reference
in the instrument of conveyance.

See the spreadsheet at the end of this section for the list
of properties that are located in the National Historic District.
The list was chosen by Borough Council to match the list of historic
properties established by the National Register of Historic Places
submitted on June 12, 1979, to the United States Department of the
Interior — National Park Service and approved on April
10, 1980, as amended on March 18, 1980.[1]

Implement Sections 603(b)(5), 603(g)(2), 604(1) and 605(2)(vi)
of the Pennsylvania Municipalities Planning Code[2] which address protecting and facilitating the preservation
of historic values through zoning and using zoning to regulate uses
and structures at or near places having unique historic, architectural
or patriotic interest or value;

For a building regulated by this section, all of the provisions
of the applicable underlying zoning districts shall also continue
to apply, in addition to the provisions of this section. In the event
there is a direct conflict between the provisions of this section
and the underlying zoning districts, the provision that is most restrictive
upon development, demolition and uses shall apply.

The Zoning Hearing Board shall approve by special exception
use all demolitions of buildings regulated by this section. A building
regulated by this section shall not be demolished unless the applicant
is able to show by credible evidence to the satisfaction of the Zoning
Hearing Board that one or more of the following conditions exist:

The demolition is necessary to allow a project to occur that
will have substantial, special and unusual public benefit that would
greatly outweigh the loss of the building regulated by this section,
and the project needs to occur at this location. For example, a demolition
may be needed for a necessary expansion of an existing municipal building
or to allow a street improvement that is necessary to alleviate a
public safety hazard; or

The existing building has no historical or architectural significance
and the demolition will not adversely impact upon the streetscape.
To meet this condition, the applicant may present information concerning
the proposed design of any replacement building or use to show that
the proposed building or use will result in a net improvement to the
streetscape.

For approval of a demolition, the standards of this section shall apply in place of the special exception use standards of § 29-607 of this Chapter. In reviewing the application, the Zoning Hearing Board shall consider the following:

Recent exterior photographs of the building proposed for demolition.
If the applicant is alleging that the building cannot be reused or
rehabilitated, the interior photos and floor plans shall be provided
as needed to support the applicant's claim.

Procedure. The Zoning Administrator shall forward the application to the Zoning Hearing Board for consideration as a special exception use. The Zoning Hearing Board shall schedule a hearing in accordance with § 29-607, Subsection 2, of this Chapter. The applicant shall be informed of meeting dates of when and where the application is intended to be discussed and shall be present to discuss the proposed demolition.

Evidence. The applicant shall provide sufficient credible evidence
to justify any claims that a building cannot feasibly be repaired
or reused. The following types of expert testimony and documentation
are encouraged to be provided: a property appraisal, income and expense
statements for the property, a written estimate of the costs of rehabilitation
by a qualified contractor, a written report from a professional engineer
regarding the structural soundness of the building, testimony concerning
efforts to market the property over time, information regarding the
applicant's purchase price of the building, and similar relevant
information.

Self-Created Conditions. The conditions that justify the proposed
demolition of a building regulated by this section shall not have
been self-created by the applicant. These conditions include, but
are not limited to:

The Zoning Administrator may issue a permit for the demolition
of a building without compliance with this section if the Building
Inspector certifies, in writing, that the building represents a clear
and immediate hazard to public safety and that no other reasonable
alternatives exist to demolition.